Register now for Judicial Campaign Ethics Seminar
As stewards of our judicial system the bar has an obligation to assure that next year's judicial elections enhance the fair and impartial administration of justice. To that end the TBA is undertaking a program of education on judicial campaign ethics and considering other steps to foster appropriate judicial election behavior by all involved. The program will be held Dec. 10 in Nashville at the Frist Center for the Visual Arts.
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Howard H. Vogel
| SUPREME COURT OF TENNESSEE-SUPREME COURT DISCRETIONARY APPEALS
Corrected List: List Originally Issued 12/5/2005
CITY OF SOUTH PITTSBURG, TENNESSEE v. JOHN N. SHELLEY, II ET AL
J. Harvey Cameron, Jasper, Tennessee, for the appellants, John N. Shelley, II, Mary Shelley, James
E. Cooper, and Alice L. Cooper.
Tracy C. Wooden, Chattanooga, Tennessee, for the appellee, City of South Pittsburg, Tennessee.
This application for an interlocutory appeal arises out of a condemnation action filed by the City of
South Pittsburg. The sole issue on appeal concerns the landowners’ use of an unrecorded and
unapproved plat of a proposed subdivision to establish the fair market value of the property. The
City filed a motion in limine to disallow the use of the plat. The trial court, relying on Davidson
County Bd. of Ed. v. First Am. Nat. Bank, 202 Tenn. 9, 301 S.W.2d 905 (1957), determined that the
landowners could not introduce the plat into evidence nor could their expert use the plat in his
testimony to establish fair market value. The trial court subsequently granted the landowners an
interlocutory appeal pursuant to Tenn. R. App. P. 9. We concur with the trial court that this is an
appropriate case for an interlocutory appeal. We also conclude that the plat may be introduced and
used in ways consistent with Davidson County Bd. of Ed., and we thus vacate the trial court’s order
categorically prohibiting its introduction and use.1
LEVOYD M. TALLEY, ET AL. v. ESTATE OF ROBERT HODGE, JR., DECEASED
Walter W. Bussart, Lewisburg, Tennessee, for the appellant, Mary F. Talley.
William A. Lockett, Chattanooga, Tennessee, for the appellee, Estate of Robert Hodge, Jr.
Plaintiffs driver and passenger sued the estate of deceased Defendant driver for negligent operation
of his vehicle. The jury found in favor of Defendant as to both Plaintiffs’ claims. Plaintiff passenger
appealed after the trial court denied her motion for a new trial. We affirm the decision of trial court.
STACE LEE THOMPSON v. THE CITY OF LAVERGNE
Corrected Case: attorney and client names corrected
case originally released 11/16/2005
Keith F. Blue and Molly R. Cripps, Nashville, Tennessee, for the appellant, The City of Lavergne.
Roger S. Waldron and Terry A. Fann, Murfreesboro, Tennessee, for the appellee, Stace Lee
This appeal involves an action brought by Lieutenant Stace Thompson of the City of LaVergne
Police Department under the Tennessee Human Rights Act. Lt. Thompson alleged he was demoted
as a result of investigating the alleged sexual harassment of a police officer within the department
by the administrative assistant to the Chief of Police. After a trial by jury, judgment was rendered
in favor of Lt. Thompson in the amount of $300,000.00 for embarrassment and humiliation and
$4,000.00 for lossaffirm.
STATE OF TENNESSEE v. GABRIAL AYUEL
Kathleen G. Morris, Nashville, Tennessee, for the appellant, Gabrial Ayuel.
Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General;
Victor S. Johnson, III, District Attorney General; and Renee Erb, Assistant District Attorney General,
for the appellee, State of Tennessee.
The defendant, Gabrial Ayuel, was convicted by a Davidson County jury of attempted first-degree
murder and sentenced to twenty years as a Range I standard offender. On appeal, the defendant
raises five issues: (1) juror misconduct; (2) prosecutorial misconduct; (3) erroneous evidentiary
rulings; (4) improper disclosure of unrelated, outstanding warrants; and (5) sufficiency of theconvicting evidence. Following our review, we affirm the judgment of the trial court.
STATE OF TENNESSEE v. DAVID M. WHITMAN, JR.
V. Michael Fox and Doug Thurman, Nashville, Tennessee for the appellant, David M. Whitman, Jr.
Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor
S. Johnson, III, District Attorney General; and James Sledge and Michael Rohling, Assistant District
Attorney Generals, for the appellee, State of Tennessee.
The defendant was indicted on two counts of driving under the influence (DUI). After a bench trial,
the defendant was found guilty of both counts, but the trial court merged the counts into one
conviction for DUI. The trial court sentenced the defendant to eleven months and twenty-nine days
in the county jail, to be suspended after serving forty-eight hours in jail. The trial court also revoked
the defendant’s license for one year and imposed a three hundred fifty dollar fine. On appeal, the
defendant argues that: (1) the arresting officer did not have reasonable suspicion to stop his vehicle;
(2) the test results from the breath-alcohol test were inadmissible because the officer failed to
observe him for the requisite twenty minutes prior to the administration of the test; and (3) the
evidence was insufficient to support his conviction. After review, we affirm the judgment of the trial
| Legal News
|Court rules Gramm-Leach-Bliley privacy rules do not apply to lawyers
|The privacy provisions of Title V of the Gramm-Leach-Bliley Act
(“GLBA”) do not apply to lawyers the U.S. Court of Appeals for the District of Columbia Circuit ruled today. The court said, “…we cannot hold that Congress has directly and plainly granted the (Federal Trade) Commission the authority to regulate practicing attorneys as the Commission attempts.” The Tennessee Bar Association had joined in support of the case originally filed by the New York Bar Association.
|Can you help with Child Dependency trainer program?
|The Tennessee Bar Association and the Administrative Office of the Courts are recruiting experienced attorneys in child dependency cases to participate in a "Child Dependency Train the Trainer Program" Feb. 13-14, in Nashville. The program will provide education for a core group of attorneys on child dependency and termination of parental rights law with the goal of having them return to their communities and train others. The program is designed to increase the number of attorneys trained to serve as guardians ad litem or represent parents in dependency, neglect and termination of rights cases. Applications for the program are due by Dec. 31 and may be obtained by contacting Leslie Barrett Kinkead at the AOC at 615-741-2687 or firstname.lastname@example.org.
|Two new online courses available on TennBarU
|Many court cases are decided, not at trial, but at pretrial hearings on search and seizure questions. Learn what the latest cases hold in this important area of criminal procedure from this new course. Also new is a course that addresses the effect of the adoption of comparative fault on those common law tort doctrines that you learned in Torts 101. Scenarios and hypotheticals will raise issues and illustrate the problems that can arise when an important change in the law occurs by judicial fiat, leaving other doctrines uncertainly affected or even abrogated.